Document Type : Review Article

Authors

1 Department of Law, Islamic Azad University, Hashtgerd, Iran

2 Department of Private Law, Faculty of Law and Political Science, Shiraz University, Iran

Abstract

International environmental law and international law of investment in goals are conflicting in that the investor's goal is individual interest and the environmental goal is collective interest, while in practice and implementation are closely related and in an implementation environment And play a key role in today's human society. Therefore, economic investments by companies in different countries require legislation and sometimes restrictive laws. One of these methods is the application of environmental laws, which are often ignored in corporate and oil investments aimed at attracting foreign investment. Thus, this research uses a descriptive-analytical method to investigate the issue of environmental commitments in investments. Research shows that oil investors often overlook environmental commitments, and governments in developing countries show flexibility to attract more investors due to financial constraints and economic weakness, one of which is one of their areas of flexibility is environmental law. Given the current environmental crises, however, governments must minimize violations of environmental obligations by enacting and enforcing strict and restrictive laws and regulations.

Keywords

  1. Agreement on the Conservation of Polar Bears 1973.
  2. Asgharian, M., 2018. International Oil and Gas Contracts, second edition, Tehran: Khorsandi Publications.
  3. Case Concerning Gabcikovo - Nagymaros Project (Hungary/ Slovokia). 25 September 1997. Summaries of Judgments, Advisory Opinions and Orders of the International Court of Justice (ICJ). Available at: www.icj-cij.org.
  4. DSB Rep., Standards for Reformulated and Conventional Gasoline, Venezuela, Brazil versus US, 20 May 1996.
  5. Güneş, A.M., 2014. Uluslararasi Hukuk Açisindan Sinir Bölgelerinde Bulunan Nükleer Santraller, Taad, Yıl: 5, Sayı: 17.
  6. ICJ Judgment, Dispute regarding Navigational and Related Rights (Costa Rica v. Nicaragua), 2009.
  7. ICJ, 2010.cit, p.78, para.192.
  8. Int’l Thunderbird Gaming Corp. v. United Mexican States (U.S.v. Mex.) 2006. 13.
  9. Jalali, M., 2018. the relationship between free trade and environmental protection in international law, Comparative Law Research Journal, Volume 22, Number 3, Fall.
  10. Karimi Khanjari, F., SajjadiKia, M., 2021. Civil liability due to environmental damage in Iranian law and international documents, Scientific Quarterly of Environment and Multisectoral Development, Volume 6, Number 73, Fall.
  11. Kohnhoshnejad, R. and Altamimi, M.H. 2018. The basis of environmental requirements in Iran's oil contracts, Environmental Economics and Natural Resources Quarterly, 3rd year, 4th issue, spring.
  12. Mashhadi, A., Khosrowshahi, H. and Sapardar, M., 2019. Reviewing the environmental legal requirements of the upstream oil and gas industry in the upstream documents of the Islamic Republic of Iran, Public Law Research Quarterly, Year 21, Number 62, Spring.
  13. Miri Lavasani, S.S., Sadeghi Ziyazi, H., Hosseinpour, F., 2018. Environmental obligations of foreign investors, Danesh Law and Finance Quarterly, first year, number 3, spring.
  14. Mousavi, F. and Mousavifar, S.H., 2015. Argentina and Uruguay environmental dispute 2010; Explanation of some topics and principles, Public Law Studies Quarterly, Volume 54, Number 5, Winter.
  15. Mutual investment encouragement and support agreement between the Islamic Republic of Iran and the Grand Duchy of Luxembourg 20251/283 dated 03/19/98
  16. Nasari, E. and Zamani, S.Q., 2017. Expropriation of environmental ownership in foreign investment arbitration procedure, Comparative Law Research, Volume 22, Number 3, Fall.
  17. Seifi Ardabili, D. and Fethinejad, S., 2012. Foreign Investment Laws, Tehran, Jihad Academic.
  18. Shiravi, A.H., 2011. International Trade Law, Mizan Publishing House, Tehran.
  19. Shiravi, A.H., 2018. Oil and Gas Laws, 4th edition, Tehran: Mizan Publications.
  20. Vargiu, P., 2015. Book Review: International Investment Law and the Environment, McGill International Journal of Sustainable Development Law & Policy. Vol. 11 Issue 2.
  21. Wawryk, S.A., 2018. “International Environmental Standards in the Oil industry Improving the Operations of Transnational Oil Companies in Emerging Economies”, available at:pdfs.semanticscholar.org/ dbfe/6ae08fbfdb1c4020ba32280a5c5281401d6d.pdf
  22. Zarei, S. and others 2017. Development of international environmental law in the light of international judicial opinions and procedures, Environmental Science and Technology Quarterly, 19th volume, number three, autumn.
  23. Zhao, Z., 2016. International Oil Contracts, translated by Abbas Kazemi Najafabadi and Saed Shirani, first edition, Tehran: Shahr Danesh Publications.
  24. Ziyai Begdali, M.R., 2013. Laws of International Treaties, 5th edition, Tehran: Ganj Danesh Publications.
  25. Ziyai, S.Y., 2013. The position of environmental obligations in international investment law, Public Law Research Quarterly, 15th year, number 42, spring.